Following an FDA inspection, it was revealed that Philips medical devices such as a CPAP Lawsuit, BiPAP, and mechanical ventilators are defective and cause patients to ingest hazardous foam particles. The DreamStation 1, for instance, emitted dangerous levels of formaldehyde, which is a carcinogen.
Prolonged use of these devices could have a serious impact on one?s health, ranging from respiratory problems to cancer. As a result, Philips has since recalled most of these defective devices, mainly sleep apnea devices.
Unfortunately, the damage may already be done. If you are one of the victims, then you are entitled to compensation. You need to file or join a lawsuit involving CPAP as soon as possible. Philips is being sued on product liability and negligence grounds. The devices that were meant to help patients with breathing problems are contaminating them instead.
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What to do if your CPAP is recalled- a CPAP Lawsuit
The first step you need to take is getting in touch with your doctor. They will most likely advise you to stop using these devices immediately until you can get a safe replacement. You can also get medical help with any manifestation of respiratory problems as a result of using the devices.
Since there is a statute of limitation for filing the suit, you need to contact a lawyer immediately and file a lawsuit for compensation. You will also need to gather evidence to be used in your case. This covers anything from the device itself to black particles in its air pathways. Medical records and prescription records will also be vital to your case.
You need to contact your lawyer before you take any other actions, such as submitting an adverse event report with the FDA or registering your defective device on the Philips website. Any information that you give them could be used against you in the case.
Reasons Why You?ll Need an Attorney for Your Lawsuit
Having suffered harm at the hands of the Philips devices, you will need an experienced attorney representing you. Some of the main reasons to hire an attorney are highlighted below.
They are qualified for the job
The law in itself is very complex for people outside the legal profession. Lawyers are fully trained and are familiar with all the technical jargon that might be confusing to you. You will not have to worry about complicated details when you have an attorney working for you.
Additionally, they have experience with the process of filing lawsuits. It would be best if you found an experienced personal injury attorney. They will advise you on all the documents you?ll need for the case and also know when to file them and in what order. You cannot risk missing out on compensation simply because of an error in filing documents.
You will get fair compensation
Your attorney will ensure that all losses are covered when working out your damages, including non-economic ones. Most people usually overlook non-economic damages, which can be quite devastating as well.
Your attorney will ensure that you receive compensation for medical expenses, loss of productivity, loss of future earnings, and even pain and suffering. In some cases, the attorney will also sue for punitive damages if the manufacturers were aware of the defect and didn?t remedy the situation immediately.
They are skilled at negotiation
The manufacturers are most likely to offer settlements for all the victims of their defective devices. Your attorney will ensure that you get the highest compensation possible. The manufacturer has a legal team working to ensure the least possible settlement, so you need a skilled negotiator to handle the negotiation process.
They operate on a contingency fee
Perhaps you are worried that you do not have the money to hire an attorney. Lucky for you, most personal injury attorneys work on a contingency fee basis. This means that they only get paid after you do.
Your attorney will claim a percentage of your compensation as their payment. This is a motivation for them to work hard and ensure they get you the highest compensation possible because the more money you get, the more they earn as well.
They will handle the brunt of the work
There is a lot of work involved in filing lawsuits. The last thing you need is running up and down, chasing deadlines and trying to fill in everything with zero experience. Your attorney has done this countless times before, so it is not a problem for them.
All you have to do is provide all the necessary documents for evidence, and your attorney will take care of the rest for you. Additionally, if the case goes to trial, you?ll need an experienced lawyer to represent you against the massive legal teams of the defendant.
Conclusion
The recalled CPAP devices are defective and dangerous. If you?ve been a victim, then you need to contact a law firm as soon as possible to file a lawsuit.
